News & Analysis as of

Americans with Disabilities Act (ADA) Disabilities

Mandelbaum Barrett PC

Elder Law and Special Needs Newsletter: March 2025 Issue

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New Jersey Officially Introduces Driver’s License Notation for Autistic Motorists - Autistic motorists in New Jersey, as well as their parents/guardians, are now able to request that their autism diagnoses be notated on...more

Farrell Fritz, P.C.

New York Court of Appeals Upholds Adult Home Admission Regulations

Farrell Fritz, P.C. on

New York Department of Health (DOH) regulations provide that an adult home may not admit additional residents with serious mental illness if it has a capacity of 80 or more beds and its resident population is over 25% persons...more

Lerch, Early & Brewer

Must an Employer Accommodate a Disabled Employee Who is Able to Work but Unable to Commute?

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Most requests for disability accommodation arise out of the impact of an employee’s medical condition on their ability to perform their job duties. But sometimes an employer is confronted with a disabled employee requesting...more

Fox Rothschild LLP

DOL Announces Proposed Rule to Phase Out Subminimum Wage for Workers With Disabilities

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The Department of Labor (DOL) announced a proposed rule that would phase out the ability of employers to pay employees with disabilities less than the federal minimum wage. Currently, under section 14(c) of the Fair Labor...more

Littler

Georgia as a Model Employer for Individuals With Disabilities

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Georgia Senate Bill 384, signed into law this year, establishes the State of Georgia as a Model Employer (the “GAME”) Program. The GAME Program regulates labor practices of public offices related to the recruitment, hiring,...more

Stotler Hayes Group, LLC

Holding State Medicaid Agencies Accountable: A Federal Court Issues Ruling on Deficiencies and Discrimination in TennCare

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“Poor, disabled, and otherwise disadvantaged Tennesseans should not require luck, perseverance, or zealous lawyering to receive healthcare benefits they are entitled to under the law.” - Waverly D. Crenshaw, Jr., United...more

Littler

Littler Lightbulb: September Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

Mandelbaum Barrett PC

Strategic ADA Compliance: Safeguarding Your Business Against Litigation

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Impact of the ADA on Business and Society - The Americans with Disabilities Act (ADA) has greatly expanded opportunities for disabled individuals, demanding significant adjustments from businesses to accommodate both physical...more

Bradley Arant Boult Cummings LLP

No Dog Days This Summer: In Howard v. City of Sedalia, the Eighth Circuit Clarifies the Scope of Reasonable Accommodations Again

What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Justice Department Proposes ADA Regulations Impacting Healthcare Industry

On January 12, 2024, the U.S. Department of Justice (DOJ) published a notice of proposed rulemaking (NPRM) under Title II of the Americans with Disabilities Act (ADA) that would require accessible medical diagnostic equipment...more

McDermott Will & Emery

New Proposed Rules Aim to Enhance Healthcare Accessibility for People With Disabilities

McDermott Will & Emery on

The US Department of Health and Human Services (HHS) and the US Department of Justice (DOJ) recently published new proposed rules that update and create various requirements under Section 504 of the Rehabilitation Act of 1973...more

Marshall Dennehey

State Officials’ ADA Liability Under the 11th Amendment

Marshall Dennehey on

In the recent case, Durham v. Kelley, 82 F.4th 217 (3d Cir. 2023), an inmate at the New Jersey State Prison who had been diagnosed with lumbar stenosis brought a pro se action, alleging violations of the Americans with...more

Seyfarth Shaw LLP

Senate Confirms New EEOC General Counsel As New Case Filings Climb

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Seyfarth Synopsis: The Senate has confirmed Karla Gilbride as the EEOC’s General Counsel, following an almost two and a half year vacancy. As GC, Gilbride is poised to make her mark on the EEOC’s litigation program by...more

Bradley Arant Boult Cummings LLP

Happy Anniversary! New Guide for the Rehabilitation Act

Last week, on the 50th anniversary of the Rehabilitation Act — which prohibits disability discrimination by federal contractors and other programs receiving federal funds — the EEOC and Department of Labor issued a resource...more

Sheppard Mullin Richter & Hampton LLP

EEOC Releases Updated Guidance on Visual Disabilities in the Workplace

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance, Visual Disabilities in the Workplace and the Americans with Disabilities Act, addressing how the Americans with Disabilities...more

Seyfarth Shaw LLP

Amusement Parks Can’t Invoke Arbitrary Manufacturer Safety Requirements To Restrict Riders With Disabilities, Eleventh Circuit...

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Seyfarth Synopsis:   New Eleventh Circuit decision says amusement park operators must base rider eligibility requirements on actual risks and cannot simply adopt manufacturer recommendations, even when required by state law....more

Adams & Reese

[Webinar] Accommodations Compliance Tactics for the Challenging Cases - June 28th, 12:00 pm - 1:00 pm CT

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Please join us for a one hour CLE on challenging issues that can confront employers when the desire to discipline employee absences or other work conduct intersects with legal requirements to provide job protected leave or...more

Butler Snow LLP

Fifth Circuit:  Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

Butler Snow LLP on

The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is...more

Shutts & Bowen LLP

EEOC Issues Update on Hearing Disabilities in the Workplace and the ADA

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In January 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated resource document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act” (the “Update”), which explains...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Releases Comprehensive Guidance Regarding Job Applicants and Employees With Hearing Disabilities

On January 23, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document aimed at providing guidance on how the Americans with Disabilities Act (ADA) applies to job applicants and...more

Miller & Martin PLLC

EEOC Issues New Mandatory Workplace Discrimination “Know Your Rights” Poster

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The Equal Employment Opportunity Commission (EEOC) has issued a new mandatory “Know Your Rights: Workplace Discrimination is Illegal” poster....more

Kaufman & Canoles

Employment Law Update – Fall 2022

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CDC EASES COVID GUIDELINES - On August 11th, the Centers for Disease Control issued new Guidance for handling exposure to, and cases of, COVID-19. Of particular interest in the workplace, the CDC no longer recommends that...more

Foley & Lardner LLP

It’s Time To Review Your Online Patient-User Interface: DOJ Issues New Federal Guidance on Telemedicine and Civil Rights...

Foley & Lardner LLP on

As online digital health services continue to enjoy broader use and appeal, federal regulators are concerned some telemedicine online patient-user interfaces fail to accommodate persons with disabilities and limited English...more

Clark Hill PLC

Fourth Circuit Holds That Gender Dysphoria May Be a Protected Disability Under the ADA

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In a case of first impression arising under the ADA’s public/government services provisions (Title II), the Fourth Circuit Court of Appeals in Williams v. Kincaid has ruled that gender dysphoria is a disability protected by...more

Haynsworth Sinkler Boyd, P.A.

AI Used in Hiring May Discriminate Against Applicants with Disabilities; EEOC and DOJ Issue Guidance for Employers

Many employers use Artificial Intelligence (AI) to reduce bias in hiring, yet studies indicate some AI is discriminating on the basis of disability. The Department of Justice (DOJ) and the Equal Employment Opportunity...more

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